{jb_quote} Responses to baseless and unfounded accusations hurled at Ulamah of Deoband!{/jb_quote}

Shaykh Rashid Ahmad Gangohi's Stance on the Najdis

After reading your fatawa on the Salafis could you please answer the following question? Was Maulana Rashid Ahmed Ghangohi a Wahabbi and what are your views on him? As he issued the following fatwa:

Question: Who are the Wahabis and what was the belief of Abdul Wahab al-Najdi? What was his madhab and what type of person was he? What is the difference in belief between the people of Najd and Sunni Hanafi?

Answer: The followers of Muhammad ibn Abdul Wahab are called "Wahabis" and they had good ( umdah) beliefs and their school of thought was Hanbali. Although his attitude was very extravagant (shidatt) he and his followers were good people. But, yes, those who exceeded the limits were overcome by roguishness (fassad). And their basic belief are all united, the difference they have is in actions is (like that) of Shafi'i, Hanafi, Maaliki and Hanbali?

Central-Mosque Admin: The Fatwas referred to in the question are as follows:

Shaykh Mawlana Rashid Ahmad al-Gangohi (Allah have mercy on him) was a great scholar of recent times in the Indian Subcontinent. He was a Muhaddith (scholar of Hadith), faqih ( jurist), Mufassir (exegete), Sufi and a follower of the Hanafi School of Sunni Islamic law and the Matrudi Aqidah. He was an avid follower of the Sunnah of the Messenger of Allah ( Allah bless him & give him peace) and immensely engrossed in his love (Allah bless him & give him peace).

He spent all his life studying, teaching and benefiting thousands of thirsty students of sacred knowledge. There was no one like him in his time in piety, knowledge, chastity and being steadfast on religion.

His teachers include Shaykh Mamluk al-Ali al-Nanotwi, Mufti Sadr al-Din al-Dehlawi, Shaykh Abd al-Ghani al-Dehlawi and others (Allah have mercy on them all). He took allegiance (bay' a) with the great Shaykh of Tasawwuf, Haji Imdad Allah al-Makki in the Chishtiyya spiritual order.

In the latter years of his life, he began teaching all the six books of Hadith (kutub al- Sittah) himself in one year with chains of transmission (isnad) going back to their authors. When he lost his eyesight, he stopped teaching and concentrated more on spiritually reforming his disciples (murids) in a manner that adhered to the teachings of the Qur'an and Sunnah.

He students number many, who themselves went on to become great scholars of their time. Scholars such as: Shaykh Khalil Ahmad al-Saharanfuri (author of the renowned commentary of Sunan Abu Dawud in 20 volumes, Bazl al-Majhud), Shaykh al-Hind Mahmud Hasan, Shaykh Abd al- Rahim Raifuri, Shaykh Yahya al-Kandahlawi, Imam Anwar Shah al-Kashmiri (Allah have mercy on them all) and many others were privileged to have studied by him.

His works include: Imdad al-Suluk, Tasfiyat al-Qulub (both in the science of Tasawwuf), Zubdat al-Manasic (rules pertaining to the ritual of Hajj), Sabil al-Rashad and Hidayat al- Shi'a (in refutation of Shi'as). His Fatawa were collected and compiled in a book known as Fatawa Rashidiyya, regarding which you have also asked.

He passed away to the mercy of Allah on Friday after the Jumu'ah Adhan in 1323 A.H. May Allah Almighty sanctify his secret and shower him with mercy and His pleasure, Ameen. (See: al-I'lam bi man fi tarikh al-hind min al-A'lam, 3/1229, Dar Ibn Hazm, Beirut print)

The above clearly demonstrates that Shaykh Rashid Ahmad al-Gangohi was a great scholar of traditional Sunni Islam, follower of the Matrudi Aqidah and the Hanafi School of Islamic law. He was in no way a follower of Muhammad ibn Abd al-Wahhab al-Najdi and was not in any way from those who reject the four Schools of Sunni Islamic law and condone Taqlid.

As far as what you have quoted from his Fatawa regarding Muhammad ibn Abd al-Wahhab al- Najdi, it is true indeed. He answers two questions with regards to him. Below is the translation of each of the two questions and their answers:

"Question: What kind of a person was (Muhammad ibn) Abd al-Wahhab al-Najdi?"

"Answer: People call Muhammad ibn Abd al-Wahhab a Wahhabi. He was a good person, and I have heard that he was a follower of the Hanbali School of Islamic law and acted upon the Hadith. He used to prevent people from Shirk and innovation (bid'a), but he was harsh (shadid) in his attitude."

"Question: Who are the Wahhabis and what was the belief of Abd al-Wahhab al-Najdi? What was his Madhhab and what type of person was he? What is the difference in belief between the people of Najd and Sunni Hanafis?"

"Answer: The followers of Muhammad ibn Abd al-Wahhab are called Wahhabis. They had good ( umdah) beliefs and their school of thought was Hanbali. However, they were very stringent in their attitude but he and his followers were good people. But, yes, those who exceeded the limits were overcome by wrongness (fasad). And basic beliefs of everyone are united. The difference they have in actions is (like that) of Hanafi, Shafi'i, Maliki and Hanbali." ( Fatawa Rashidiyya, P. 241-242)

The above is what the respected Shaykh wrote about Muhammad ibn Abd al-Wahhab al-Najdi and his followers. However, one must understand the background of the Shaykh's statements.

The great Faqih of recent times in the Indian Subcontinent, Shaykh Mufti Mahmud al-Hasan al -Gangohi (Allah have mercy on him) who passed away in 1994 A.D, the grand Mufti of India whose Fatawa are gathered and compiled in 17 volumes discusses the reason behind Shaykh Rashid Ahmad (Allah have mercy on him) mentioning this in his Fatawa.

Note that, these two scholars are two different people and not related to one another, though they both have the same last name, namely Gangohi, which is an attribution to a village known as Gangoh in India. Shaykh Rashid Ahmad (Allah have mercy on him) was the great grand-teacher of the more recent Mufti Mahmud al-Hasan (Allah have mercy on him), hence the latter holds the former in great regard and respect. This humble writer was also privileged to have received Ijazah in Hadith from Mufti Mahmud al-Hasan al-Gangohi.

Nevertheless, Mufti Mahmud al-Hasan al-Gangohi (Allah have mercy on him) states in his Fatawa that, Shaykh Rashid Ahmad (Allah have mercy on him) was initially unaware of Muhammad ibn Abd al-Wahhab al-Najdi's position, because al-Najdi was initially known in the Subcontinent as a reformer of Sunnah, and the one who strived greatly in rejecting Bid'a and establishing the Sunnah. As such, the respected Shaykh also said what he had heard, for a Muslim should always hold good opinions about other Muslims until it is proven otherwise.

"...As it has occurred in our times with the followers of Abd al-Wahhab al-Najdi, who appeared from Najd and imposed their control over the two sacred Harams. They used to attribute themselves to the Hanbali School but they believed that only they were Muslims and that who ever opposed their beliefs were polytheists (mushrik), thus theyconsidered the killing of those who were from the Ahl al-Sunnah and their scholars to be legitimate, until Allah Most High destroyed their might and power." (Radd al-Muhtar, 3/339-340, chapter regarding the followers of Abd al-Wahhab, the Khawarij of our times)

Mufti Mahmud al-Hasan states that had Shaykh Rashid Ahmad read what Allama Ibn Abidin stated in his Radd al-Muhtar regarding the Wahhabis, he would surely not have stated what he had in his Fatawa.

He states that this does not in any way demean the status and rank of Shaykh Mawlana Rashid Ahmad al-Gangohi, for he had said what he had heard. He did not have knowledge of the unseen, thus he cannot be blamed. Allama Ibn Abidin (Allah have mercy on him) was geographically closer to Najd, thus he was aware at first hand of what Shaykh Rashid Ahmad, who was living in India, was unaware of. (See: Fatawa Mahmudiyya, 13/411-412)

I would like to add here that this is clearly the case when we look at Shaykh Rashid Ahmad's first Fatwa wherein he states "I have heard that he was a follower of the Hanbali School....." stipulating that his information was purely based on what he had heard. This was not a matter of Fiqh or Shariah as such in which he needed to investigate, and anyway, a Muslim should always have good opinion (husn al-Zann) about fellow Muslims until the contrary is proven.

Moreover, the students of Shaykh Rashid Ahmad al-Gangohi (Allah have mercy on them all) clearly refuted the ideologies and actions of the Najdis. Shaykh Khalil Ahmad al-Saharanfuri (Allah have mercy on him), a student of theShaykh, stated in his renowned al-Muhannad ala al-Mufannad that he and his teachers hold the same view as Allama Ibn Abidin regarding Muhammad ibn Abd al-Wahhab al-Najdi and his followers. This was agreed upon and signed by almost all of the major scholars of the Indian subcontinent.

Finally before parting, I would like to say that I dislike the idea of dwelling over people 's personalities. Unfortunately, many of us are involved in debating about those who have passed away to the mercy of Allah; hence we have become negligent with actions (a'mal) and preparing one's self for the hereafter. We will not be asked on the day of Judgment as to what opinion we held about such and such person, but what we will be questioned regarding is our own actions.

"That was a people that have passed away. They shall reap the fruit of what they did, and you of what you do! Of their actions there is no question in your case." (Surah al-Baqarah, V. 134)

Therefore, do not dwell too much into personalities and names; rather, exceed them to conduct and deeds. Unfortunately, many Muslims argue and debate about these petty issues and leave the important aspects of Deen. Today, Muslims are being attacked in all fields by the enemies of Islam, yet here we are busy fighting amongst ourselves. Thus, we need to leave these issues to one side and concentrate on the things that unite us. May Allah Almighty bless this Ummah with unity, Ameen.

I was reluctant to answer this question and write on this subject, for there were far more important questions that needed answering. However, due to this question being posed repeatedly, I had no choice but to compile an answer. But we must remember that this is not something we need to dwell into, thus the matter is closed here, and I will not be answering any more questions on this topic. .

And Allah knows best

Muhammad ibn AdamDarul IftaaLeicester , UK.

{jb_dropcap}T{/jb_dropcap}he false propaganda against and blatant fabrications about our highly acclaimed and respected Ulama of Deoband by the ignorant must be refuted at all costs. Numerous pamphlets and booklets have been written distorting the truth about and writings of our distinguished Ulama.

Among the most common pamphlets displayed is "Tabliqism - one way ticket to Hell". "Are these Islamic Beliefs": in one column is the 'Deobandi Tabliqi Beliefs' and next to it is the 'Islamic beliefs'. However, answers to the allegations have been given in various publications. Therefore, this publication will attempt to print all the false allegations and the correct views.

The False Allegation

Rashid Ahmed Gangohi, a founder of Deobandi Movement has the following beliefs:

The Truth

The view of Hadhrat Moulana Rashid Ahmad Gangohi Saheb is that Allah is far above and pure from being attributed with falsehood. There is no blemish of falsehood in His words at all for Allah says, 'Who is more truthful than Allah in speech.' He who believes that Allah speaks a lie is an accursed outright Kaafir and opposed to the Qurãn and Sunnah. (Fataawa Rashidiyya part 1 pg. 3)

Clarification (I)

Fataawa Rashidiyya pg. 84: 'From servant Rashid Ahmed Gangohi, after Salaam Masnoon, you have inquired concerning the Masalah 'Imkaane Kizb' (possibility of falsehood). But 'Imkaane Kizb' in the sense that Allah Taãla has the power to act contrary to what He has ordered, but will not to do with His Free Will, is the belief of this servant. The Qurãn Shareef and the Sahih Ahaadith bear testimony to this belief, and this is the belief of all the Ulama of the Ummah too. For example, Firáwn is promised to be thrown into Hell, but Allah Taãla has the power to enter him into paradise, although He will never give him paradise. And this is the Masalah under discussion at the moment. This is the belief of all my friends. The enemies must have related it differently. Referring to this Power and the non-occurrence of it is termed 'Imkaane Zaati' and 'Mumtana bi Ghayr' Was salaam Rashid Ahmad Gangohi.

Look, how they lay waiting with vicious, malicious attempts to defame this noble personality. If it is not slander then what is it?

To distort the above mentioned Masalah and refer it to Hadhrat Moulana Rashid Ahmad Gangohi Saheb is totally evil and wrong. It is a slander and slander is worse than back-biting,

Clarification (II)

Fataawa Rashidiyya pg. 90: 'That person who believes or utters with the tongue concerning Allah Taãla that "He spoke a lie", is positively a Kaafir, an accursed and opposed to the Qurãn, Hadith and the unanimity of the Ummah. He is definitely not a Mu'min. Taãlallaahu ammaa yaqoolu dhaalimoona oluwwan kabeeraa. (Allah is far above from what the transgressors are saying).'

The misrepresenter, besides being involved with misrepresentation, has earned the wrath of Allah. Let the Hadith of the Master of the Green Dome once again ring in his ears. 'A person does not target another with impiety or a person does not target another with Kufr, but it returns to the former if the latter is not guilty of it.' (Bukhari)

Taqdeesul Qadeer is not compiled by the Ulama of Deoband. In fact there is no such Kitaab by this name.

False Allegation

The Prophet (Sallallaahu Álayhi Wasallam) is not the only Rahmatullil Aalameen. (Fataawa Rashidiyya part 2 pg. 19)

The Truth

The view of Hadhrat Moulana Rashid Ahmad Gangohi is that: ''One should know that the attribute of being Omnipresent is the quality of Allah Taãla alone, like All-Knowing, Creator of the Skies and Earths and so forth. Therefore to attribute this quality of being Omnipresent to someone else, though it be a 'Nabi', 'Wali', or Saint, is to ascribe Partners to Allah in His Qualities, which is termed as 'Shirk-fis-Sifaat."

Clarification

The word 'Rahmatullil Aalameen' is not a characteristic only of Rasulullah (Sallallaahu Álayhi Wasallam). In fact other Awliyaa, Ambiyaa and Ulamaa-e-Rabbaniyyeena are also a means of mercy unto the world, although Rasululla (Sallallaahu Álayhi Wasallam) is the highest of them all. Therefore, if it is used for others with 'Taaweel' (by elucidation) it is permissible.' (Fataawa Rashidiyya pg. 96/97)

False Allegation

To lecture on or discuss the Shahaadat of Hadhrat Imaam Hussayn (Radhiallaahu Ánhu) is Haraam even if the stories are true. (Fataawa Rashidiyya part 3 pg. 113)

Clarification

The incident of the martyrdom of Hadhrat Hussayn (Radhiallaahu Ánhu) who sacrificed his life for the sake of Truth, is surely very important. But the method adopted, like beating the chest, tearing the garment, pulling the hair, slapping the face, shouting slogans of 'Yaa Hussayn, Yaa Hussayn' and taking out processions to parade in the streets, is what Hadhrat Moulana has stopped and said is Haraam.'

The reason for stopping this is that Rasulullah (Sallallaahu Álayhi Wasallam) has forbidden the slapping of faces and the tearing of garments.

Therefore to lecture on or discuss the Shahaadat of Hadhrat Hussayn in the abovementioned fashion, with that type of pomp and show, is forbidden in the light of the Hadith. (Fataawa Rashidiyya pg. 104/105)

False Allegation

In the month of Muharram, providing free water and feeding people with milk or Sharbat is Haraam. (Fataawa Rashidiyya part 3 pg. 113)

Clarification

To feed the poor and needy and to distribute water free to quench their thirst as 'Isaale Sawaab' is no sin. Neither did Moulana Rashid Ahmad Gangohi nor anyone else say it is Haraam.

The Barelvis belief is this, that on the plains of Karbala the martyrs sacrificed their life in thirst. Therefore, the water that is given here as a drink, reaches them.

It is common sense, that this water does not reach them, nor are they in need of it. They are in Jannat. If the whole idea is to convey the reward (Isaale Sawaab), the whole year is available for that. No question arises then whether to make 'Isaale Sawaab' or not. The practice mentioned above similitudes the practices of the Rawaafidh; therefore it is Haraam.' (Fataawa Rashidiyya pg. 147/148)

False Allegation

Ashraf Ali Thanvi, a founder member of Deoband says: 'The Holy Prophet (Sallallaahu Álayhi Wasallam) has an education like that of children, lunatics and animals of every category.' (Hifzul Imaan pg. 7)

The Truth

The view of Hadhrat Moulana Ashraf Ali Thanvi is that: Hadhrat Moulana was asked, 'Did you in Hifzul Imaan or any other book write anything directly or indirectly comparing the education of Rasulullah (Sallallaahu Álayhi Wasallam) to that of children, lunatics and animals? If not then what is your ruling regarding a person who holds such a belief?' In reply to that Moulana states, 'Let alone writing such falsehood and filth, my heart had never even perceived such falsehood and verily if anyone holds such a belief he is out of the fold of Islam.' (Faisal-e-Khusoomat pg. 21)

Clarification

Hadhrat Hakimul Ummah, Moulana Ashraf Ali Thanvi (author of the famous 'Bahishti Zewar') did not write the abovementioned statement in Hifzul Imaan. Nor is it his belief. It is a slander on the said Moulana. In fact Hadhrat Moulana has stated clearly in 'Hifzul Imaan' that, 'Knowledge with regard to the Excellence of Prophethood has been bestowed totally upon Rasul (Sallallaahu Álayhi Wasallam) (Hifzul Imaan pg. 12)

False Allegation

Clarification

The topic under discussion in 'Tasfiyatul Aqaaid' was this: It was mentioned in the Hadith, in Shaf'at that on the plain of resurrection people will gather with great fear, perturbed and disturbed. They will go to Hadhrat Aadam (Álayhis salaam) and request him to intercede on their behalf in front of Allah Taãla. Hadhrat Aadam (Álayhis salaam) will refuse and say that it is beyond his influence, because of the incident that he ate from the tree of Jannah which was forbidden to him. Hadhrat Aadam (Álayhis salaam) will say, 'Today Allah's wrath is so great that His anger was never great before and will never be so great after' (though Allah Taãla has forgiven him). He will advise them to go to Hadhrat Nuh (Álayhis salaam). In this way people will flock to the other Ambiyaa (Álayhimus salaam). Each one will be fearful and reluctant, for some reason or the other to intercede on behalf of man. At the end when the people will come to Rasulullah (Sallallaahu Álayhi Wasallam), Rasul (Sallallaahu Álayhi Wasallam) will say, 'Very well, I will intercede on your behalf. I will take permission from my Sustainer and He will grant me that permission.'

Hadhrat Moulana wrote that, which was mentioned in the Hadith and not that, 'Prophets (Álayhimus salaam) are not free from sins,' as mentioned in the said leaflet.

False Allegation

The Truth

We strongly believe and openly claim that Rasulullah (Sallallaahu Álayhi Wasallam) was given more knowledge than the entire creation of Allah and it is our belief that whosoever says that anyone has more knowledge than Rasulullah (Sallallaahu Álayhi Wasallam) then such a person is a Kaafir. Our great Úlama have already given a Fatwa of Kufr upon a person who says Shaytaan has more knowledge than Rasulullah (Sallallaahu Álayhi Wasallam) then how could I ever have written such a thing. (Al Muhnad Allal Mufannad Q&A 18-19)

Clarification

It is totally incorrect. This sentence is not written anywhere in 'Baraahine Qaati'ah', that 'Shaytaan has more knowledge than Rasulullah (Sallallaahu Álayhi Wasallam).'

Moulana Khalil Ahmad (RA) was asked whether he wrote such a statement or not? He replied, 'I did not write such a statement anywhere. It is an open slander on me. On the day of Qiyaamat account will be taken with Ahmad Raza Khan.'

False Allegation

Clarification

In order to establish anything in Islam, it is necessary that it be verified in the light of the Shariáh. Unless it is not proven by the Shariáh, it cannot be regarded as Deen. Yes, one may call it a matter of convenience. For example, the use of an electric fan, motor vehicle, etc. The moment a person wants to make it part and parcel of Deen, immediately it will need verification from the Shariáh, whether it be Meelaad, Fateha, Giyaarwi, Urs, Dua-e-Thani, Dua immediately after Janaaza prayer or any other ritual for that matter. And on failing to be verified, it will be regarded as Bidat - innovation. The wickedness of being involved in Bidat is that the Sunnats are automatically left out. As darkness spreads, light vanishes.

To read Al-Hamd, Fateha before eating food is not verified and proven in the Shariáh, therefore, it is a Bidat.

1. "He who innovates something in this matter of ours that is not of it will have it rejected." (Bukhari)

2. "Beware of newly-invented matters! For every invented matter is an innovation and every innovation is leading astray and every leading astray is in Hell-Fire." (Abu Dawud; Tirmidhi)

The 'Masnoon' Duas read by Rasulullah (Sallallaahu Álayhi Wasallam) before meals and after meals, should surely be read. Hadhrat Moulana Rashid Ahmed Gangohi (RA) did not stop anyone from this.

False Allegation

We cannot make Nikah with any person who takes part in Urs, etc. (Fataawa Rashidiya part 2 pg. 142)

The Truth

Moulana Rashid Ahmed says in Fataawa Rashidiya, "Taking part in Urs is not an act of Kufr therefore Nikah with a person who takes part in Urs is valid."

Clarification

Those who go to the Urs and make Sajdah (prostrate) to the graves, pray for boon or ask for a favour from the inmates of the graves, and make Tawaaf of the graves; to solemnise marriages with them will inculcate these Shirk practices in them and others as well. Therefore, unless they don't make Tawbah and refrain from such Shirk practices, Nikah is not allowed until then.

False Allegation

Giyaarwi Shareef is Haraam and Kufr, even if Qur'an is read. (Fataawa Rashidiyya part 1 pg. 95)

Clarification

Anything in the name of 'Ghayrullah' (someone other than Allah), whether it be Giyarwi Shareef' or 'Baarwi', is Haraam. This Masalah is found in Shaami, Tahtaawi, Bahrur Raaiq and in many other Kitaabs.

On the other hand, Esaale Sawaab is permissible. No one prohibited Esaale Sawaab provided it is done without specifications of time, place and invitation. But look at the beliefs of these people. They have this belief that the distribution of sustenance is entrusted to Peerane Peer (RA). If the Giyaarwi is held back, he will stop the food.

False Allegation

It is Sawaab to eat crows (Fataawa Rashidiyya part 2 pg. 130)

Clarification:

Crows are of three types: The first type is that which feeds only on grain. It is exactly like a wild pigeon. It is Halaal according to all Jurists. The second type is that which only feeds on excreta, and prey on other animals. It is exactly like a vulture. It is Haraam according to all Jurists. The third type is that which feeds on grain, eats excreta and it catches and eats mice as well. It is like an uncaged fowl, which feeds on grain, worms and even on mice.

Hadhrat Moulana wrote concerning this third type of crow that it is not Haraam. This Masalah of the crow is found in Hidaaya, Durre Mukhtaar, Fataawa Aalamghiri, as well as the other 'Kitaabs' of Fiqh (Jurisprudence).

Therefore, should anyone not eat a crow or a fowl for the rest of his life, there is no criticism and blame on him according to the Shariáh. Yes, if he takes it to be Haraam then he will be answerable. Thus whosoever takes it to beHaraam, in order to correct his belief it is a 'Sawaab' and reward to eat it.' (Fataawa Rashidiyya pg. 492 Rahimia print)

False Allegation

Clarification

This is an open Calumny and a False Accusation. This sentence is not written at all in 'Tawiyatul Eemaan' that 'Allah Taãla is not always "all knowing". He finds out when necessary.

False Allegation

The Prophet (Sallallaahu Álayhi Wasallam) will die and become sand one day. (Taqwiyatul Imaan pg. 69)

The Truth

The view of Hadhrat Moulana Rashid Ahmed Saheb is that: The meaning of the (phrase) 'to lie on sand' has two meanings. The one is to become soil, the other is the body touches the sand. The latter meaning is meant, and the

Moulana (author of Taqwiyatul Imaan) also believes that the bodies of the Anbiyaa (Álayhimus salaam) do not turn to dust. Because a deceased is buried in a grave and he is surrounded with soil all over, his body together with the 'Kafn' touches the sand beneath him is called 'Mitti me milnaa' - to lie on sand. Hence, there is no point of objection. (Fataawa Rashidiyya pg.s 83/84)

Clarification

In Taqwiyatul Imaan, a Hadith is mentioned in which a Sahaabi (Radhiallaahu Ánhu) told Rasulullah (Sallallaahu Álayhi Wasallam) that the people of other places bow out of respect to their Rulers; whereas Rasulullah (Sallallaahu Álayhi Wasallam) is more worthy of being bowed to. At this, Rasulullah (Sallallaahu Álayhi Wasallam) said, 'Look if you happen to pass by my grave, will you bow to it?' The Sahaabi (Radhiallaahu Ánhu) said 'No, I will not do so.' On this, Rasulullah (Sallallaahu Álayhi Wasallam) said, 'So do not bow to me ...' (A Sajdah Taazimi is also forbidden).

Commentary: 'I will also die one day and lie on sand (buried); therefore am I worthy to be prostated to?' This phrase 'Mitti me milne waalaa hoo - I will lie on sand' (meaning to be buried one day), became the bone of contention for the Barelvis.

False Allegation

To think of Rasulullah (Sallallaahu Álayhi Wasallam) in Salaat is worse than thinking of cows and donkeys. (Siraate Mustaqeem pg. 150)

Clarification

The abovementioned statement is not found anywhere in 'Siraate Mustaqeem' that, 'To think of Rasulullah (Sallallaahu Álayhi Wasallam) in Salaat is worse than thinking of cows and donkeys.'

That which was written in 'Sarfe Himmat'. This is terminology used by the Sufis in Tasawwuf (the spiritual field). 'Sarfe Himmat' in 'Tasawwuf' means that a person's meditation over a thing becomes so overpowering and predominant that no other thoughts penetrate into the mind and soul. Like a mirror, if a person does not want any person's reflection to come into it, he covers it with a black cloth and thus no reflection will appear. To contemplate over a figure so that no other thing is contemplated is called 'Sarfe Himmat'.

This has been forbidden in Salaat, that besides Allah, 'Sarfe Himmat' should not be done towards anyone. Salaat should purely and solely be for Allah alone. If 'Sarfe Himmat' is done towards Rasulullah (Sallallaahu Álayhi Wasallam), then the entire Salaat and Ibaadat will be for him.

On the other hand, if any thoughts of cows, donkeys, business, etc. come to mind, or a person gets drowned in these thoughts whilst in Salaat, it is regrettable. There is no fear of it being worshipped. In fact the person regrets that in the course of an esteem Ibaadat like Salaat, he should have such thoughts, Astaghfirullah.

The Kitaab, 'Siraate Mustaqeem' is based on 'Tasawwuf'. The objector is not versed in Tasawwuf'. Therefore, he has translated 'Sarfe Himmat' to mean a mere thought.

What comes to mind is this; that the Objector presents a picture of a Grade One child, learning to read and write ABC and wishing to interpret the writings of Shakespeare.

Moreover, it is stated in the Hadith that Salaat should be performed with full attention. Therefore, when the name of Rasulullah (Sallallaahu Álayhi Wasallam) is recited in 'Tashahhud' the thought of the Rasul (Sallallaahu Álayhi Wasallam) will come and should come. The Salaat will not be rendered incorrect and this is not unlawful at all. The respected Moulana did not stop anyone from this.

What is Taqleed?

Taqlid or Ittiba' is Wajib (compulsory) upon Muslims:

{jb_dropcap}T{/jb_dropcap}aqlid or Ittiba' is Wâjib (compulsory) upon Muslims. Yet there are many Muslims in the present age who have hardly heard of the words Taqlid or Ittiba'. Others who may have heard about it, do not fully comprehend its meaning. This has led to people even rejecting Taqlid – thereby rejecting a Wâjib. As a general rule, man is suspicious and afraid of that which he does not know. Therefore a proper understanding of the issue of Taqlîd or Ittibâ would dispel the ignorance surrounding it, Inshâ Allah.

Taqlid is a part of everyday life:

Taqlîd or Ittibâ in essence, simply refers to the practice of an unqualified, lay person (in a specific field of specialisation) submitting to and accepting the authority of an expert in that field, without demanding proof and justification for every view, opinion or verdict expressed by such an expert authority. This is a natural state of human existence, practised by millions of people worldwide in every facet of life. The simplest and most tangible example of Taqlîd or Ittibâ is that of a child learning his basic alphabets at school. Every child learning his alphabets is unconsciously practising Taqlîd. A learner driver taking instructions from a driving instructor is practising Taqlîd. People going to a specialist doctor for medical treatment and following his instructions is another glaring example of Taqlîd or Ittibâ. A lay person soliciting a legal opinion from an advocate or following the advice of a tax consultant is another common case of Taqlîd. A client at an engineering firm, asking for the engineer's advice on complex engineering calculations is yet another instance of Taqlîd or Ittibâ in action. The millions of 'facts' in the myriad of sciences such as astronomy, archaeology, etc. are all distinct examples of Taqlîd or Ittibâ Who ever questions the 'fact' or asks for proof that the sun is really 93 million miles away from the earth! It is taken for granted that this is the findings of the 'experts' in these fields and everyone simply accepts it as such. School teachers teach these to their pupils as 'gospel truth' and children learn and memorise these 'facts' with the hope of succeeding in their exams. There are countless such examples of Taqlîd or Ittibâ in everyday existence. It is quite clear from the above, that Taqlîd or Ittibâ is a natural way of life, and is not specific to Islam or Islamic Fiqh alone.

Taqlid is the easy option for ordinary people:

In the context of Islamic Fiqh or Law, Taqlîd or Ittibâ simply refers to accepting and following the verdicts of expert scholars of Islamic Fiqh in their exposition and interpretation of Islamic Law, without demanding from them an in-depth explanation of the intricate processes required in arriving at such a verdict, called Ijtihad. It simply means that ordinary folk do not have to do Ijtihâd, i.e. the intricate and complicated procedures involved in deriving Islamic rulings that scholars exercise when issuing a Fatwâ (legal verdict). The duty of ordinary people is to trustingly accept the authority of the learned scholars in this matter and act upon their verdicts.

In this sense, Taqlîd is a great blessing for common people, for it is beyond their capacity to understand the extremely complex and complicated mechanics of Ijtihâd. The ability to do Ijtihâd requires many long years of study and erudition and a great deal of exertion (Ijtihâd means to exert one self) in acquiring a mastery of various Islamic sciences, among other varying requirements.

Misunderstandings regarding Taqlid:

Recently, misunderstandings have arisen regarding the issue of Taqlîd. It has become a theme of major debate in many parts of the world among Muslims. This debate has naturally resulted in arguments being promulgated by both the protagonists and the antagonists of Taqlîd.

The best way of removing such misunderstanding is to view the original sources of Islam – the Qurân and Hadîth and the teachings of the learned elders of Islam on this subject. After a study of this subject, the correct interpretation and understanding of Taqlîd and Ittibâ would emerge. This would lead to a better understanding and analysis of the arguments and counter-arguments of protagonists and antagonists. (Elsewhere in this issue, check the article on Taqlîd and Ittibâ in the light of Qur'an and Hadith)

Shar'ee role of Taqleed:

The essence of guidance is derived from the Holy Qurãn - "Hudan li al-Nas" ("A Guidance for Mankind). But this guidance and its laws are based on fundamental principles, the details of which have been entrusted to and consigned by the Holy Prophet (Sallallaahu Álayhi Wasallam) in order to explain them to mankind.

For example, the Holy Qurãn says: "Aqimus-Salaat" ("establish prayer"). It does not define the method as to how the prayer should be established; how the various postures should be performed; the mode of recitation of Surah, etc. The complete method of prayer i.e. "Salaat" is explained by the Holy Prophet (Sallallaahu Álayhi Wasallam).

"Wa 'Atuz-Zakat" ("And give charity"). Now the Zakaat amounts payable on gold, silver, cattle, land, produce, etc. are only known through the Ahadith and there is no mention of it in the Holy Qurãn.

"Wa Lillahi 'ala an-Nas Hij Al-baiti" ("It is obligatory on people to perform the Hajj of the House of Allah.) Here again, the method of Tawaf, the number of circumambulations, the details regarding Arafat, Mina, Muzdalifah, the stoning at the Jimar, etc. have all been explained by the Holy Prophet (Sallallaahu Álayhi Wasallam).

Thus it becomes imperative to understand the Holy Qurãn in the light of the Ahadith even for major obligatory acts like Salaat, Zakat and Hajj without which it is impossible to act and understand the commands of the Holy Qurãn. The believers are commanded to attain guidance from the Holy Qurãn in accordance with the details explained by the Holy Prophet (Sallallaahu Álayhi Wasallam). Therefore Allah specifies: "Whosoever obeys the Messenger has indeed obeyed Allah." This obedience to the Holy Prophet (Sallallaahu Álayhi Wasallam) would in reality be obedience to Allah Himself.

It is not said: "Perform your prayer in the manner you may infer from the Holy Qurãn."

Hadith is divided into different categories:-

The sayings of the Holy prophet (Sallallaahu Álayhi Wasallam),

The acts and doings of the Holy prophet (Sallallaahu Álayhi Wasallam),

The sayings, acts and doings of others, approved by the Holy Prophet (Sallallaahu Álayhi Wasallam).

All these categories of Ahadith give guidance to the Umma.

Qiyas:

When the Prophet (Sallallaahu Álayhi Wasallam) was asked a question he answered and also counter-questioned the questioner, on a similar (analogical) matter, the answer of which was known to him. On the correct reply being given by the questioner, the Prophet (Sallallaahu Álayhi Wasallam) would say: "The question you had asked is in the same category as this answer of yours."

EXAMPLE: A lady once asked: "Hajj was obligatory on my mother but she passed away. Can I perform it on her behalf?" The Prophet (Sallallaahu Álayhi Wasallam) replied: "Yes, it would be accepted on her behalf. Tell me, if your mother had a debt would you pay it." She replied in the affirmative. Rasulullah (Sallallaahu Álayhi Wasallam) said: "Fulfill what is on her behalf. Certainly, the duty and right of Allah would be more acceptable." This kind of reasoning is called Qiyas, Ijtihaad, or Istimbat in Shari'a.

These are only used in Shari'a when the Qurãnic or Traditional directives are not specifically spelt out. The Holy Prophet (Sallallaahu Álayhi Wasallam) sent Hadrat Mu'adh ibn Jabal (Radhiyallaahu Ánhu) as a Governor and Qaadhi to Yemen. The Holy Prophet (Sallallaahu Álayhi Wasallam) gave to Hadrat Mu'adh many instructions and advices even while he held the reins and led the horse with Hadrat Mu'adh mounted on it. The Holy Prophet (Sallallaahu Álayhi Wasallam) also asked: "By which law would you dispense justice." He replied: "By the Law of the Holy Qurãn."

"And if you do not find it (i.e. what you seek) in the Holy Qurãn."

He replied: "By the Prophetic Traditions."

"And if you do not find it in there also, then!"

He replied: "Then I would make Ijtihad." The Holy Prophet, (Sallallaahu Álayhi Wasallam) expressed his happiness with his reply and fully endorsed and supported his stand and thanked Allah for it. (Abu Daawud Vol 2. p. 149)

When after such an Ijtihad all the scholars agree to its conclusion, it is termed "Ijma", for it must be understood that Qiyas or Ijtihad does not prove an order or command; it only makes it evident and known. It was hidden in the Holy Qurãn or the Ahadith; the Mujtahid, by Dalalatan, 'Isharatan or Iqtdha'an, brought it in the open for the generality of people.

The person who does not have the power of Ijtihad is bound and compelled to follow a Mujtahid and this act of following a Mujtahid is termed Taqlid. The Holy Prophet (Sallallaahu Álayhi Wasallam) sent Hadrat Mu'adh ibn Jabal as Qadi so that people could act upon his instructions and guidance derived from the Holy Qurãn, the Ahadith and his Ijtihad. To accept all three would in reality be obedience to Rasulullah (Sallallaahu Álayhi Wasallam) as mentioned in Mishkãt Sharif (p. 310). Hadhrat Abu Hurayrah (Radhiyallaahu Ánhu) reported that the Holy Prophet (Sallallaahu Álayhi Wasallam) said, "Who has obeyed me, has obeyed Allah and who was disobedient to me has been disobedient to Allah and who obeyed the Amir was obedient to me and who was disobedient to the Amir has been disobedient to me."

Precepts, Propositions & their kinds:

Masa'il or precepts are of four kinds:-

{jb_bluedisc}1{/jb_bluedisc}Clear instructions from the Holy Qurãn and Ahadith. No Qiyas is allowed nor Taqlid permissible. The order is to practice on the clear injunction.

{jb_bluedisc}2{/jb_bluedisc}In such propositions where there are two injunctions, one earlier, and one later, and through historical evidence both renown, then the earlier proposition is abrogated (Mansukh), whilst the latter command is ordered. Here too Qiyas and Taqlid ~ not permitted.

{jb_bluedisc}3{/jb_bluedisc}Those propositions that have two clear injunctions but it is not known which is earlier and which later, i.e. no historical evidence.

{jb_bluedisc}4{/jb_bluedisc}Those propositions of which there exist no clear injunctions.

Propositions 1 (and 2) are clear. the last two (Propositions 3 and 4) need explanations. Since 3 and 4 are not clear, what must a person do? If he does not practice upon them, he is yet not allowed to go free. The Qurãnic verses state: "Is man under the notion that he will be left free?"'

"Do you think that you have been created in vain?" It is not so, you have to obey Allah's command every second. Now how are we going to obey when it is not known, which is abrogated and which is not. In the fourth kind of proposition when one has no knowledge what is he going to practice on? Allah says: "Do not practice on anything without knowledge:"

Thus the need of Qiyas and Ijtihad. In the third kind of proposition the need is to verify the clear injunction and in the fourth kind it is to find a clear order and command. This is a known fact that everybody does not have the ability or power to make Ijtihad and this verse also makes it clear.

Everybody makes claims of giving opinions but only that ruling is accepted which is in accordance with Shar'iah and of a Mujtahid. The verdict of a Muqallid will not be accepted. The Mujtahid makes Ijtihad while the Muqallid makes Taqlid. Even if the Mujtahid makes a mistake he is rewarded as mentioned in Bukhari, Vol. 1 p. I1092.

Here exists a doubt that there were many Mujtahids among the Sahaaba (Radhiyallaahu Ánhum), the Tabi'in and Tabi' Tibi'n; But only the 'I'ima 'Arba' i.e. Imaam Abu Hanifah, Imam Maalik, Imam Shaafi'i and Imam Ahmad (Rahmatullaahi Álayhim) are followed and Taqlid made of them. What Is wrong in following the Sahaaba (Radhiyallaahu Ánhum) whose virtues have been abundantly mentioned in the Holy Qurãn and the Ahadith?

There is no doubt that the Sahaaba (Radhiyallaahu Ánhum) have a far greater status and position than the I'ima Arba'a does not make Taqlid of any one of the I'ima Arba' ever thinking them to be greater than the Sahaaba but its simple reason is that for Taqlid it is necessary to know those injunctions in which Taqlid has to be made. The detailed knowledge which can be found in every section and chapter from Kitaab- at-Taharat to Kitab al-Fara'idh, whether it concerns acts of worship, or social and cultural aspects, in every department of knowledge, these were the first and only 'I'ima that gathered them all in every detail. They were schools of knowledge in their own right that codified knowledge in every field. We do not find such codification either of the Sahaaba or other Tabi'in. The only choice we have is to follow them. It must also be borne in mind that Allah had bestowed on them the perfection of knowledge of the Holy Qurãn and the Ahadith. It is said by Shah Waliullah (Rahmatullaahu Álayhi) in the commentary of Muwatta' Imaam Malik, p.6 that these four Imaams together have encompassed the entire knowledge of the Holy Qurãn and Ahaadith to such a degree that not a single Hadith which was reported by the Sahaaba was omitted by them.

Clarification is further required regarding another doubt in most minds: What is the necessity of making Taqlid of only one Imaam? One should be allowed to follow any of the four Imaams in the different Masa'il as was the method in the time of the Sahaaba and Tabi'in. Mazhab was not confined to a single Imam. Why must such concessions not be allowed in our times?

In the time of the Sahaaba, which was the best of times, there was no ulterior motives regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convenience as in later times. For example, A person with Wudhu touched his wife which according to the Shafi Mazhab nullifies Wudhu: Now when he is told to make Wudhu, he replies: "I make Taqlid of Imaam Abu Hanifah and it is not a breaker of Wudhu according to his Mazhab, therefore my Salaat will be valid."

Now this person vomits, which according to Hanafi Mazhab, breaks Wudhu. He is now told to make Wudhu. He replies: 'I make Taqlid of Imam Shafi'i; it is not a nullifier of Wudhu, therefore my Salaat is valid'. If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Salaat with such a Wudhu, it would neither be correct by Imaam Abu Hanifah nor by Imam Shafi'i. In terminology this is known as Talfiq which is agreed upon unanimously to be void and not permitted. This is not Taqlid but following one's passions and desires for one's personal convenience which lead one astray. The necessity of following a Mazhab, Imam or Mujtahid is that one would not fall into the temptations of following one's own desires. The Holy Qurãn states:

'And do not follow desires. You would be led astray from the path of Allah." Thus the need of following only one Imam.

For centuries we have heard of great scholars, jurists, 'Ulama' and Auliya who had the treasures of knowledge, who were in their personal capacities libraries with encyclopedic knowledge. Their piety constituted perfect examples in emulation of the Sahaaba. Their entire life was spent in accordance with the Sunnah of Rasulullah (Sallallaahu Álayhi Wasallam). They also followed the 'I'ima Arba'' and it would not be incorrect to say that it was because of this Taqlid that they attained the heights of perfection.

Islamic Jurisprudence (Fiqh) is confined to the four schools. Those that do not confirm to any one of them are called Ahle Hadith or Ghair Muqallid.

Taqlid & the falsification of Islamic History

Shaykh (Mufti) Mohammed Sajaad (HA)

{jb_dropcap}T{/jb_dropcap}aqlid means following the legal opinions of a scholar without gaining knowledge of the detailed evidences for those opinions. A person is compelled to do this as he is not able to encompass the evidences to assert his own view on any particular detailed issue related to the Deen. This reliance upon a group of highly trained individuals is seen in every aspect of human life from when we wish to build an extension to our homes to when we wish to cure ourselves; we unquestioningly defer to the experts. The sick person never tries to diagnose himself, let alone be bold enough to prescribe using his own knowledge, the course of medicine he needs to take. Rather he sits humbly and accepts everything his doctor tells him and prescribes him. It would seem, Islam alone has been singled out as being that one thing that any person not only may exercise his mental abilities (however deficient they are) to determine its detailed teachings, but moreover it is said to be his duty.

It is an undisputed fact that Taqlid existed from the very beginning of Islam, as that is the normative procedure for learning. The Companions and Successors (Tabieen) of other Companions were compelled to do Taqlid of their seniors, those of the Companions and Successors who were not scholars, simply took the Deen from those who were scholars. Their basis for their doing Taqlid, apart from the obvious reason mentioned above, was the evidences that made it an obligation for them. Allah (SWT) said in the Holy Qur'an:

{jb_bluebox}Ask the people of Remembrance if you know not (Sura al-Anbiya:7){/jb_bluebox}

Amongst the many hadith that prove Taqlid is a hadith recorded in Sunnan Abu Daud, in which the Prophet (peace be upon him) said: "Verily the cure to not knowing is asking."

Taqlid in the age of the Sahabah

There are many examples in the hadith books where we find the Companions of the Messenger of Allah (peace and blessings upon him) doing Taqlid of other more learned Companions.

{jb_bluedisc}1{/jb_bluedisc}Abu Ayub al-Ansari (R.A.) was once on his way to Hajj and lost his camels he brought to be sacrificed (and by which a person comes out of Ihram). On the day of sacrifice he came to Umar and asked him what to do? Umar (R.A.) told him to do as those who perform Umrah do (that is to shave or cut their hair), and you will be out of Ihram. Then in the next year do Hajj and make the sacrifice. Note, here neither did Abu Ayub (R.A.) ask for proof nor was it given, a clear example of Taqlid (Muwatta Imam Malik).

{jb_bluedisc}2{/jb_bluedisc}Once Umar (R.A.) saw Talha (R.A.) wearing a coloured piece of cloth while he was in the state of Ihram (So long as the cloth is not scented such coloured sheets would be permitted for Ihram). Umar (R.A.) asked him the reason for wearing such sheets. Talha (R.A.) replied that the cloth was from a material which had not been scented. Umar (R.A.) said: "You are people who are followed by others. If an unknowing person saw this cloth, he would think Talha wore this cloth in Ihram (thus he would assume scented cloth is permitted). Refrain from using coloured sheets." (Muwatta)

This shows, that there is nothing essentially wrong with following scholars without evidence, rather it was always one of the ways the masses learnt their Deen as is shown by Umar's (R.A.) statement.

{jb_bluedisc}3{/jb_bluedisc}One of the \most obvious examples of Taqlid was that of when the Messenger of Allah (peace and blessings upon him) sent Muadh Ibn Jabal (R.A.) to Yemen as a teacher. Whilst in Yemen the people, took exclusively what he taught them as Deen, in old and new issues, which is but Taqlid. For example, he was asked concerning a man who had been survived by daughter and a sister only, how would his inheritance be distributed amongst them. He ruled that they should receive half each and he did this as a Mufti and without mentioning the proof for his view to the people for his opinion. (Sahih al-Bukhari).

{jb_bluedisc}4{/jb_bluedisc}We also find a clear example of Sahabah doing Taqlid Shakhsi (specific Taqlid). It is narrated in Sahih al-Bukhari from Ikrimah (R.A.) that the people of Medina asked Ibn Abbas (R.A.) concerning a woman who did Tawaf and then experienced her menstrual cycle (i.e. despite having Tawaf al-Wida upon her, is she permitted to return home or should she wait till her period passes?). Ibn Abbas (R.A.) replied: "She may return." The people said: "We will not accept your opinion over the opinion of Zayd (Ibn Thabit)." (Sahih al-Bukhari).

Two things become abundantly clear from this incident. The first is that the Medinans did Specific Taqlid (Taqlid Shakhsi) of Zayd Ibn Thabit (R.A.), and consequently they would not accept the opinions of another scholar from the Sahabah. Secondly, Ibn Abbas (R.A.) himself never blamed them for following his opinions exclusively.

It would be fair to say that up to the second century, two kinds of Taqlid were common in the Ummah, the non-specific kind (Taqlid ghayr Shakhsi) and specific Taqlid (Taqlid Shakhsi). Most muslims, when wanting to know Islam's ruling on an issue, would simply go to any scholar in the community who they considered an authority. But examples can be found, such as those mentioned above, where Muslims also did specific Taqlid of a particular Companion or Successor exclusively. Thus we learn from this that there is nothing essentially blameworthy with someone being a Hanafi or Maliki, for there were people who were Masudis (followers of the opinions of Ibn Masud), Muadhis, Abbasis, etc. only they did not go by those names.

One of the factors in the consolidation of Taqlid Shakhsi and the phasing out of the other kind of Taqlid was the emergence of four scholars who gained such recognition for their learning and piety that students and even other scholars flocked around them. All four were blessed with long lives such that they could encompass each and every chapter of legal rulings and importantly were undisputed Mujtahids. A mujtahid is a master scholar who has reached the highest and most difficult level of Ijtihad (Independent juridical reasoning). There are many kinds of lesser scholars; however the one who is permitted to exercise his Ijtihad in elaborating rulings is one who has spent many years acquiring the skills, primary religious sciences and auxiliary sciences enabling him to soundly interpret the Holy Texts and thus deserving of being considered an authority in the important matters of the Deen. Briefly, this entails Deep knowledge of the Arabic language; grammar, semantics and rhetoric.

Intimate knowledge of the Holy Qur'an, its well established Tafsir, verses that are abrogated and the occasions of revelation. Knowledge of the Hadith; having obtained the narrations from their narrators, to also know the state of the chain and its narrators. In this regard it was the view of Imam Ahmad that a person cannot be considered a Mujtahid until he has not memorised three hundred thousand hadith.

The students of these four Imams further elaborated their legal opinions, their principles (the tools of interpretation), and most importantly preserved them and then transmitted the scholar's school (Madhab) to the next generation. These four scholars were:

Imam Abu Hanifa (R.A.) - 80-150 A.H.

Imam Malik Ibn Anas (R.A.) - 93-179 A.H.

Imam Muhammad Ibn Idris al-Shafi (R.A.) - 150-204 A.H.

Imam Ahmad Ibn Hanbal (R.A.) - 164-241 A.H.

If we take a snapshot of the Ummah by the end of the second century, we see Taqlid was of other than the above four sunni scholars and these four Imams. With time, the majority of people ended up doing Taqlid of these four schools. By virtue of them being fully formed, propagated, and codified, more and more scholars received training in these codified school. The Ummah's convergence upon the acceptance of these four schools was coincidental, and not divinely revealed. Having said this, the mercy that lay in the converging on the four for the Ummah is not hidden, and hence it was seen as divine intervention to ensure the preservation of the Deen, as Allah (SWT) had promised:

{jb_bluebox}Indeed We who have revealed the Remembrance and it is for Us to preserve it (sura Al-Hijr:9){/jb_bluebox}

This is not to say there have only ever been four scholars in the Ummah who had reached the high rank of Ijtihad. There were several others, but their schools did not receive that same kind of attention that these four Imams received, thus it is not actually possible to do Taqlid of them. They may have had a thriving circle of students once, but they, for whatever reason, did not fully document, codify or transmit the school. One may find some of their legal opinions have been persevered, but that is not sufficient to consider that school fit for Taqlid. Just to give one glaring danger inherent in permitting this, leaving aside the fact there are but a handful of their legal opinions that have come down to us, it is not known if that particular opinion was the final opinion of that scholar, or did he change his view in later life. For that would require commentaries written by his students, as well as a strong transmission of all his opinions. This problem is carefully taken care of in the four established schools.

Thus the four schools became to represent de facto Sunni Islam. Anyone who wished to seriously study Islamic law, as a beginner, was compelled, by virtue of the schools' undisputed academic prowess and chapter by chapter preservation, to align themselves with one of them.

It is for this reason that we have another inexplicable fact that non-Muqallids (those who deny Taqlid and consider it unlawful) try to avoid. That is the fact that the vast majority of sunni scholastic geniuses followed one of the four schools. For example ,the following is just a selection of unquestionable authorities in our Deen who were known to have adhered to one Madhab from the four:

Imam Abu Isa al-Tirmidhi (Shafi)

Imam Abu Jafar al-Tahavi (Hanafi)

Imam Fakr al-Din al-Razi (Shafi)

Imam Ibn abd al-Bar (Maliki)

Imam Abu Zakariyya al-Nawawi (Shafi)

Imam Abu Bakr Jassas (Hanafi)

Imam Ibn al-Hummam (Hanafi)

Imam Abu Ishaq al-Shatibi (Maliki)

Imam Ibn Hajr al-Asqalani (Shafi)

Imam Abu al-Abbas al-Qurtubi (Maliki)

Imam Badr al-Din al-Ayni (Hanafi)

Imam Jalal al-Din al-Suyuti (Shafi)

Certainly, there is a difference in the way the scholar follows (does Taqlid) of a school and how others do it. A true well-grounded scholar in the Islamic sciences can also and did look at the evidences and if he believed that other than what the school teaches was the true position then he would leave the school on that issue. For the masses however, this is beyond their capabilities usually and nor is it required of each believer to become an Alim or Mujtahid as that would have demanded for everyone to leave devotion to other important academic areas such as medicine, engineering etc, seeking a livelihood, but our merciful divine Shariah inherently does not demand of us things that are impossible, as Allah (SWT) says:

{jb_bluebox}Allah does not burden a person with more than he can bear (sura Al-Baqara:286){/jb_bluebox}

Hence their duty is to simply follow true scholars as ordered in the verse in Sura Al-Anbiya.

It is interesting to note that even though the likes of the scholars mentioned above did have a level of ijtihad, in their views they themselves did not feel themselves able to dispense with Taqlid of one of the four Imams they followed. The hadith collection Al-Jami' of Imam Tirmidhi is a testament to this. If a person, acquainted with the shafi school, goes through this book he will see that the hadith are brought in support of this school, as is plain to see from the chapter headings and Imam Tirmidhi's commentary.

In the second century there was a kind of consensus of the scholars that it was the interest of the Deen that for the layman, Taqlid be only done of the four schools. Having said this, a person was not restricted in who he asked for legal opinions from the four codified schools. This kind of non-specific Taqlid is known as "Taqlid ghayr Shaksi." Because of the general greater religiosity in those first generations a person would, even though he was not restricted by the scholars in whose Taqlid he did, seek out the most pious scholar and even if he ever gained more than one opinion, he would incline to side of precaution in the opinion he chose, and the threat of following desires was little.

Taqlid ghayr Shakhsi to Taqlid Shakhsi

The further we get away in time from the best of generations, in particular after the second century, as impiety and following desires become more common, the scholars become more unequivocal of the obligatoriness of following only one school for every Muslim. The historical facts make this abundantly clear and anyone who contends otherwise is frankly out of touch with the reality. He is neither aware of the countless illustrious jurists who have stated this view, he seems oblivious of the state of the people of that time let alone his own time. Thus the fact is that by the end of the second century, and also the end of the best of generations, there was shift in the attitude of the masses and personal desires started becoming prominent in the opinions being followed. The Prophet (peace and blessings be upon him) himself had forewarned of this when he said, "then falsehood (kadhib) would become widespread." It was then the scholars unanimously agreed, that no longer will people be able to have the option to hand pick opinions, rather they must follow one school only whichever that maybe from the four. Imam Shah Waliullah, states:

{jb_bluebox}After the second century adherence to specific schools appeared amongst the Muslims.... And this was the obligation at that time see Al-Insaf fi Bayan Asbab al-Ikhtilaf, p.70.{/jb_bluebox}

Shaikh Wahbah al-Zuhaili in Al-Fiqh al-Islami wa adillatuh, vol.1 p.94, however has stated that the position of the majority of scholars was that only Taqlid of any scholar is wajib (Taqlid ghayr Shakhsi), and only a few scholars held Taqlid to be wajib of a specific school (Taqlid Shakhsi).

This claim however not only conflicts with the patent need of the Deen and Ummah that lye in making Taqlid Shakhsi Wajib, it is also not corroborated by the facts, the most incontrovertible of which is the great number of jurists who stated this very view as we will be recorded below. On the other hand, Shaikh Wahbah supported his view by citing only two or three authors, which it is hard to see how constitute a majority?

To be sure the claim is an error, the argument presented by Shaikh Wahbah, that underlies this view, we see is also clearly flawed. The reasoning he gives for why specific Taqlid (Taqlid Shakhsi) cannot be wajib, in his own words is:

Allah only obligated following the scholars without specification of one and not another, He said: "Ask the people of Remembrance if you do not know" (Sura Anbiya:7) (Op.Cit).

The reality however is that in this verse Allah (SWT) made generic Taqlid obligatory or Taqlid in general (Jins of Taqlid or Mutlaq Taqlid). Now Taqlid in this general sense has under it two, call them, constituents or kinds or sub-categories (Anwa' or Afrad):

Taqlid ghayr Shakhsi (non-specific Taqlid of any scholar)

Taqlid Shakhsi (specific Taqlid of a particular scholar)

Thus it becomes apparent that Taqlid itself is an obligation (wajib), with all the kinds of Taqlid that come under it logically taking that ruling, as they are but kinds of the same thing. Though indeed there is a choice, in acting upon the Deen, which of the two kinds one practices.

Just as if a mother ordered her son to buy her "fruit," under this general term (Mutlaq) would come many kinds of fruits, for example apple, orange, pear etc. It would be true to say that the obligation applied to all these fruits, that there is a choice in which fruit he chooses is another issue. What matters is that he chooses any fruit, and whichever fruit the son chooses he'll have fulfilled his duty. But what cannot be said is that to buy apples on the one hand is obligatory, but as for oranges, that is just permissible (and to say unlawful is just absurd). To take another example, this time from the Deen, if someone broke an oath he would have to give the atonement (Kafaarah). The atonement for breaking an oath is Fard (Obligatory), however under this generic/general term or Mutlaq are three constituents/kinds (afrad): (1) Feeding the poor, (2) Clothing the poor, (3) Freeing a slave. Each one will take the ruling of the atonement, namely Fard, and what is Mubah or permissible is the choosing one any one of these three.

Thus the upshot of this discussion is that the verse in Sura Anbiya actually made both kinds of Taqlid wajib, and by an individual doing either one of the two, he would have fulfilled the obligation upon him. It was for this reason we find examples of both kinds of Taqlid being practised by the first generations as recorded above. As for why the scholars prohibited the option of Taqlid Ghayr Shakhsi, it was due to a change in the condition of the people, the juristic basis for which we will speak more on later.

The Majority of Ulema on Taqlid Shakhsi

In this section of the essay my primary concern was to bring such quotes from undisputed experts of the Deen showing Taqlid Shakhsi as an obligation had become the common view amongst scholars throughout most of Islamic History. Having said this, I have also taken the opportunity to add some other quotations, not specifically on Taqlid Shakhsi, in order to refute two other views being promoted today, which though marginal, their fallacy and heretical nature require exposing. The first view is that Taqlid, whatever kind it is, is unlawful and that rather it is the duty of every Muslim to derive for himself all the detailed rulings from the Holy Qur'an and Sunna. This view is held by groups known as the "Ahle-hadith" or "Salafis." One of the reasons, they succeed in getting people to believe such baseless and outlandish claims is they falsely give the impression this is also the view of most of the great Islamic scholars in the past. The actual position of the classical scholars of Islam, as proven by the quotes below, however is very different to this. Furthermore, it is quite startling that a scholar who they themselves rely upon greatly, namely the late Shaikh Salih bin Uthaymin, has stated unequivocally the non-scholar must do Taqlid of the scholars in his Al-Usul min 'ilm al-Usul. In his recorded lectures of the same text he says that for the average Muslim to try to delve into the Holy Qur'an and Sunna in order to deduct rulings is like a person who has not learnt swimming to swim in a sea. It will only lead to his destruction. His is the final quote in the selection.

The second view is less heretical and dangerous for at least it acknowledges the sacred Deen cannot be left in the hands of absolute infants in terms of Islamic learning. The holders of this view say it is permitted to follow any scholar, even if he be from other than the four schools. But of course the main intent behind the following texts is to show that the view of the vast majority of the Scholars of Ahl al-Sunna, was and is that Taqlid Shakhsi in particular is wajib. The scholars we mention are such authorities in the Sacred Knowledge of the Deen, that it is not unreasonable to assume that this ruling, that Taqlid shakhsi is obligatory, was also the view of their many eminent teachers, students and the whole school they belonged to.

Imam Ibn al-Hummam, author of many unique works in Jurisprudence and Doctrine records the view of the Hanafi scholars on Taqlid of a single Mujtahid in the commentary of Hidayah Fath al-Qadir:

(As for the layman) it is obligatory for him (Al-wajib alayh) to do Taqlid of a single Mujtahid....The jurists have stated that the one who switches from one Madhab to another by his Ijtihad and evidence is sinful deserving of being punished. Thus one who does so without Ijtihad and evidence is even more deserving. (vol.6 p.360)

Imam Nawawi writes in Al-Majmu' Sharh Al-Muhadhdhab:

{jb_bluebox}The second view is it is obligatory (yalzimuhu) for him to follow one particular school, and that was the definitive position according to Imam Abul-Hassan (the father of Imam al-Haramayn Al-Juwayni). And this applies to everyone who has not reached the rank of Ijtihad of the jurists and scholars of other disciplines. The reasoning for this ruling is that if it was permitted to follow any school one wished it would lead to hand-picking the dispensations of the schools, following one's desires. He would be choosing between Halal and Haram, and obligatory and permissible. Ultimately that would lead to relinquishing oneself from the burden of responsibility. This is not the same as during the first generations, for the schools that were sufficient in terms of their rulings for newer issues, were neither codified or did they became popular. Thus on this basis it is obligatory for a person to strive in choosing a Madhab which alone he follows. (Vol.1 p.93){/jb_bluebox}

Imam Sharani, an undisputed authority in the Shafi school writes in Al-Mizan al-Kubra:

{jb_bluebox}...You (O student) have no excuse left for not doing Taqlid of any Madhab you wish from the schools of the four Imams, for they are all paths to Heaven.... (p.55 vol.1){/jb_bluebox}

{jb_bluebox}As for the scholar who has not reached the level of Ijtihad and the non-scholar, they must do Taqlid of the Mujtahid....And the most correct view is that it is obligatory (wajib) to adhere to a particular school from the four schools... (Section on Usul al-Fiqh p.40-41){/jb_bluebox}

{jb_bluebox}The claim the layman has no Madhab is proscribed, rather it is necessary (yalzamuhu) for him to do Taqlid of a recognised school. (As for the claim: scholars did not obligate following one school), that was before the codification of the schools and their establishment. (Vol.12 p.491-Kitab al-Zakah){/jb_bluebox}

{jb_bluebox}It is not permitted (laa yajoozu) for the follower of a scholar to choose the most pleasing to him of the schools and one that agrees the most with him. It is his duty to do Taqlid of the Imam whose school he believes to be right in comparison to the other schools. (vol.11 p.163-164){/jb_bluebox}

The great authority in Usul Imam Aamidi writes in Al-Ihkam fi Usul al-Ahkam:

{jb_bluebox}The layman and anyone who is not capable of Ijtihad, even if he has acquired mastery of some of the disciplines (Ulum) related to Ijtihad, is obligated (yalzimuh) with following the positions of the Mujtahid Imams and taking his juristic opinions and this is the view of the experts from the scholars of the principles (Al-Muhaqqiqin minnal-Usulyyin). It was the Mutazila of Baghdad who prohibited that except if the soundness of his Ijtihad becomes clear to him. (vol.4 p.278){/jb_bluebox}

Imam Zahid al-Kawthari, Hanafi jurist and senior juridical advisor to the last Shaikh al-Islam of the Ottoman Empire, wrote in a impassioned article against the growing modern trend of non-Madhabism, entitled Al-Laa Madhabiyya Qantara al-Laa Deeniyya ("Non-Madhabism is a bridge to Non-religion"):

{jb_bluebox}Those who call the masses to throwing away adhering to a madhab from the Madhabs of the followed Imams, whose lives we briefly mentioned in what has passed, will be of two groups; those who consider that all the derived opinions of the Mujtahid are right, such that it is permitted for the layman to follow any opinion of any Mujtahid, not restricting himself to the opinions of a single Mujtahid whom he selects to be followed, such thinking belongs to the Mutazila. The (second group) are the Sufis who consider the Mujtahids to be all right in the sense that they seek out the hardest opinions from their positions without confining themselves to following one Mujtahid. (Published in Maqalaat al-Kawthari, p.224-225){/jb_bluebox}

{jb_bluebox}And the soundest position (wal-Asahh) is that it is obligatory (yajibu) for the non-scholar/layman and other than him of those who have not reached the rank of Ijtihad, adherence of one particular school from the Madhabs of the Mujtahid Imams (iltizam Madhab Muayyan min madaahib al-Mujtahideen) that he beliefs to be preferable to another school or equal to it. (Kitab al-Ijtihad, p.93){/jb_bluebox}

{jb_bluebox}When the corruption that comes from non-specific Taqlid is obvious, and no one will deny this provided he is fair, then when specific Taqlid is termed obligatory for other than itself (Wajib li-ghayrihi), and non-specific Taqld is termed unlawful, this will not be by mere opinion, rather it is by the command of the Messenger of Allah (peace and blessings be upon him), for he commanded that removing corruption is an obligation upon every individual. (p.205){/jb_bluebox}

Imam Abd al-Hay al-Lakhnawi writes in his Majmuat al-Fataawa, after mentioning the various views of the scholars on Taqlid:

{jb_bluebox}On this subject the soundest view is that the laypeople will be prevented from such (choosing) of different opinions, especially the people of this time, for whom there is no cure but the following of a particular Madhab. If these people were allowed to choose between their Madhab and another, it would give rise to great tribulations. (vol.3 p.195){/jb_bluebox}

Imam Rajab al-Hanbali writes in his book: "Refutation of anyone who follows other than the four schools":

{jb_bluebox}...that is the Mujtahid, assuming his existence, his duty (Farduhu) is to follow what becomes apparent to him of the Truth. As for the non-Mujtahid his duty is Taqlid (p.6){/jb_bluebox}

In the well known Maliki text Maraqi al-Saud, it is stated:

{jb_bluebox}(Taqlid) is necessary (yalzimu) for other than the one who has achieved the rank of absolute ijtihad. Even if he is limited (mujtahid) who is unable (to perform absolute Ijtihad). (Point 957, p.39) He writes further on: "Every school from the schools of the (four) Mujtahids is a means that reaches one to Paradise."{/jb_bluebox}

In one of the most authoritative juristic commentaries of the Holy Qur'an, Al-Jami' li-ahkam al-Qar'an, by the scholar Imam Qurtubi, commenting on verse 7 in Sura Anbiya, he writes:

{jb_bluebox}The scholars did not disagree that it is obligatory for the non-scholars (al-'Aamah) to do Taqlid of their scholars and they are meant in the verse: Ask the people of Remembrance if you do not know. And the scholars by consensus (Ajma'oo) stated it is necessary (laa budda) for he who is unable to see to do Taqlid of someone else who will tell him of the direction of the Qiblah, if it becomes difficult for him. Similarly, one who does no possess knowledge or insight of what the Deen teaches, then it is necessary (laa budda) for him to do Taqlid of that scholar who does. (p.181 vol.11){/jb_bluebox}

{jb_bluebox}The sound view, and upon which are the majority of the scholars, is that it is obligatory (Yajibu) for all those who have not reached the rank of Ijtihad to adhere to a particular school from the four well known, codified and definitively transmitted schools. This is in order to regulate a person's actions and control his worldly dealings in a way that protects from confusion, errors and fulfils the compelling need. (vol.1, pp 251-252){/jb_bluebox}

Shaikh Salih bin al-Uthaymin writes in his book Al-Usul min 'ilm al-Usul in the chapter on Taqlid:

{jb_bluebox}Taqlid takes place in two places; the first is that the person doing Taqlid be a layman, incapable of discerning the ruling by himself, so his duty (Farduhu) is to do Taqlid due to the statement of Allah (SWT):{/jb_bluebox}

{jb_bluebox}"Ask the people of Remembrance if you know not (Sura al-Nahl:43). (p.68){/jb_bluebox}

Shaikh al-Uthaymin also outlines in the chapter preceding this one what is needed for a person to be fit to deduce rulings from the Sacred texts, in other words the Pre-requisites of Ijtihad. He records six conditions, the first of which is the condition of encompassing all the verses and ahadith on the subject. This would, at the very first hurdle, lose most of us who have not learnt, let alone mastered, the Arabic language. Translations can never convey the linguistic intricacies, rhetorical devices and semantic nuances of the original Arabic, and furthermore a vast number of the hadith have yet to be translated into English.

Juristic basis for Taqlid Shaksi alone being obligatory

It is important to elaborate in detail what led to the change in ruling from permissibility to asking any of the scholars of the four schools to following one school from the four exclusively? As already stated both kinds of Taqlid (non-specific of the four and specific) were obligatory for the layman. However the option was open to him of following one school, as some did, and if he was not particularly discerning as the average lay person is, he simply asked any scholar he considered to be a reliable scholar regardless of his school. The first kind of Taqlid however produced a danger which with the passing of time became more and more real. Namely, people would "shop" for opinions. They would ask different scholars and often would follow a scholar merely due to ease in that view and it according with his whim. The early blessed generations were largely saved from this. In fact all Muslim scholars by consensus consider it absolutely for forbidden for a person to want to do something and then look for justification through texts and opinions of the scholars. The Holy Qur'an itself condemns those who act in this way when it says:

{jb_bluebox}Have you seen he who takes his desire as his god. (Al-Jaathiyah:23){/jb_bluebox}

The great jurist of the Hanafi school, Imam Ibn Aabideen records the following eye-opening incident that shows us the gravity of this problem. There was a student of Imam Abu Hanifa who once approached the Ashab al-Hadith (those who clam to only follow hadith), for the hand of his daughter in marriage. The father in law to be refused, and said he would only marry her to him if he started raising his hands (raf' al-yadayn) in Salah, reciting behind the Imam and pronouncing the Ameen loudly. The student agreed and consequently was wed to his wife. When the hanafi jurist Abu Bakr al-Jawzajani was informed of this he replied: "As for the nikah it is sound, but I fear that he (the student) may have left the Deen because he left what he believed to be the truth for his personal desire."

Imam Shatibi amongst other jurists has explained the danger in leaving Fiqh unregulated further, saying; ultimately the very purpose of the Shariah which is Takleef, or charging people with duties and responsibilities and taking them away from merely following their desires, with all the corruption and harm this brings, would become defunct as lay people sought refuge in the weak opinions of inferior scholars or from within the other three schools.

Thus to prevent the doors of irreligion from opening the scholars concurred that it was now obligatory to follow one school whichever that be from those that had been thoroughly debated by the geniuses of the Ummah, documented and transmitted. There is no doubt that such lofty credentials belonged exclusively to the four schools.

It was only due to the dangers mentioned earlier that lay in allowing Taqlid ghar Shakhsi (non-specific Taqlid) that the scholars declared it unlawful. What was the legal evidence or basis by which they effectively declared something unlawful which was clearly permissible previously?

The jurists appreciate well that rulings change with time and there are many examples in the Shariah where something at one time was permitted, is made unlawful and vice versa in consideration of other greater principles of the Deen. Selling arms in an Islamic State is something permitted, however jurists declared selling arms unlawful at a time of civil war, as killing the life of a believer is from the gravest of sins whichever side he may be on. Another example is, the action of Uthman (R.A.) in standardising the recitation of the Holy Qur'an. The Messenger of Allah, peace and blessings upon him, prayed to Allah (SWT) for the Holy Qur'an to be revealed in seven independent dialects of the Arabs, so that it would be easy for them to recite. During the life of the Messenger (peace and blessings be upon him) the various Arabs would recite it according to one of these dialects. Soon after the death of the Messenger (peace and blessings be upon him) Islam had spread across to persia, asia and africa. With the spread of Islam also meant the new Muslims of these non-Arab lands would be learning and reciting the Book of Allah. It was at this time, during the Khilafah of the Khalif Uthman, that the existence of several dialects became a cause for confusion for these new Muslims. What had initially been for the purpose of facilitation and ease was becoming, in this new context, a means of difficulty and confusion. Thus Uthman (R.A.) declared the writing down, reciting and instruction of six dialects of the Holy Qur'an as unlawful and this was done in the presence of companions who concurred with him. Hence what was once permitted was made unlawful.

Similarly, when the jurists saw, with the variety of opinions existent in the community and the threat of following desires and irreligion, they made Taqlid of only the four schools obligatory. Then as moral uprightness became less and less amongst the masses and the tendency to follow one's desires in legal opinions increased, the ruling was given that Taqlid of only one school is permitted for the layman. This ruling was given on the basis of preventing the evil of following desires from coming into being, technically termed "Blocking the means" and in order to preserve the obligation of the duties and responsibilities believers have been charged with.

Some may bring a criticism here that, other jurists do not accept the juristic principle of blocking the means. The truth however is that all jurists have acknowledged this principle, even if they have done so using other names for it. Imam Shatibi in his Muwafaqat, vol. 4 p.66 quotes Imam Qarafi as saying that there is Ijma (Mujma' alayh) of the scholars on its acceptance. Imam Abu Zahra, in his Usul al-Fiqh, p.253, has confirmed it to be the view of all four schools. The reason for its general acceptance is that it is in reality a law based on common sense of looking to the end result of an action. If something is evil or unlawful then it is nonsensical to think there is nothing wrong with the presence of those things that directly lead to that evil. In fact, we see it in action in our daily lives, in every aspect of life. If we prevent our children from going out alone, though they may not understand this, it is not because stepping outside is in itself forbidden, rather it is due to the threat of being abducted etc. It is logical and obvious that things that lead to an unlawful also be forbidden.

Man-made laws are incapable of acknowledging this truth such that even though studies prove pornography leads to rape and other sexual offences, they do not even make a feeble attempt to curb it. The Divine law of Allah Almighty and Wise could never be so deficient and for which reason we see that many of the laws of the Islamic State are based upon it.

Another juristic principle similar to the "blocking the mean" principle, is the principle of "Acquiring of the means" by which an obligation can only be fulfilled. Usul books speak of this as Muqadimat al-wajib wajib or maa laa yutimmu al-wajib illa bihi fa huwa wajib. In this case some act needs to come into existence due to the command of Allah (SWT), however to achieve that act sometimes another thing maybe required, thus in order to fulfil the order the other thing will also become obligatory even when it has not been explicitly commanded by the Lawgiver.

An example of the latter principle (of acquiring the means) is the order in the Holy Qur'an to give Zakah. Now it is obvious a person will only be able to carry out this command properly, if he has the detailed knowledge of Zakah rules, what is Nisab, on what things must Zakah be given, what makes a person illegible to give Zakah and so on. Thus, though there is no text specifically making study of the rules of Zakah wajib, based on this juristic principle, it would be said that it is wajib for a Muslim to learn the fiqh of Zakah and even to attend a Zakah course teaching such a course, being held at a particular Institute in his locality.

Thus the unlawful consequence of people following their desires, a thing forbidden clearly in the Holy Qur'an, establishes the unlawfulness of unrestricted Taqlid or Taqlid ghayr shakhsi. Similarly, the obligation to preserve the Shariah from distortion and corruption, establishes the obligation of adherence to Taqlid Shakhsi. Furthermore, one will note, whereas in the case of other issues, their rulings are established by one of either of these two usuli principles, the necessity of Taqlid Shakshi is established by both principles.

There are other issues related to this topic deserving discussion, but are beyond the scope of the article, such as what are the conditions under which a Madhab is left and answering the evidences usually quoted against Taqlid. For these and other topics works that can be consulted are: Jawahir al-Fiqh by Mufti Muhammad Shafi, vol.1; Qawaid fi Ulum al-Fiqh by Shaikh Habib Ahmad al-Kairawani (punlished as an introduction to Imam Zafar Ahmad Uthmani's Iila al-Sunnan); Al-Kalam al-Mufid fi Ithbat al-Taqlid by Maulana Muhammad Sarfraz Khan Safdar; The legal Status of following a Madhab by Mufti Taqi Uthmani; Al-Laa Madhabiyya Akhtar Bida'h tuhaddi al-Shariat al-Islamiyya by Shaikh Ramadan al-Buti.

Article by:

24 Ramadan 14

24 September 2008

What is Taqleed?

Taqlid or Ittiba' is Wajib (compulsory) upon Muslims:

{jb_dropcap}T{/jb_dropcap}aqlid or Ittiba' is Wâjib (compulsory) upon Muslims. Yet there are many Muslims in the present age who have hardly heard of the words Taqlid or Ittiba'. Others who may have heard about it, do not fully comprehend its meaning. This has led to people even rejecting Taqlid – thereby rejecting a Wâjib. As a general rule, man is suspicious and afraid of that which he does not know. Therefore a proper understanding of the issue of Taqlîd or Ittibâ would dispel the ignorance surrounding it, Inshâ Allah.

Taqlid is a part of everyday life:

Taqlîd or Ittibâ in essence, simply refers to the practice of an unqualified, lay person (in a specific field of specialisation) submitting to and accepting the authority of an expert in that field, without demanding proof and justification for every view, opinion or verdict expressed by such an expert authority. This is a natural state of human existence, practised by millions of people worldwide in every facet of life. The simplest and most tangible example of Taqlîd or Ittibâ is that of a child learning his basic alphabets at school. Every child learning his alphabets is unconsciously practising Taqlîd. A learner driver taking instructions from a driving instructor is practising Taqlîd. People going to a specialist doctor for medical treatment and following his instructions is another glaring example of Taqlîd or Ittibâ. A lay person soliciting a legal opinion from an advocate or following the advice of a tax consultant is another common case of Taqlîd. A client at an engineering firm, asking for the engineer's advice on complex engineering calculations is yet another instance of Taqlîd or Ittibâ in action. The millions of 'facts' in the myriad of sciences such as astronomy, archaeology, etc. are all distinct examples of Taqlîd or Ittibâ Who ever questions the 'fact' or asks for proof that the sun is really 93 million miles away from the earth! It is taken for granted that this is the findings of the 'experts' in these fields and everyone simply accepts it as such. School teachers teach these to their pupils as 'gospel truth' and children learn and memorise these 'facts' with the hope of succeeding in their exams. There are countless such examples of Taqlîd or Ittibâ in everyday existence. It is quite clear from the above, that Taqlîd or Ittibâ is a natural way of life, and is not specific to Islam or Islamic Fiqh alone.

Taqlid is the easy option for ordinary people:

In the context of Islamic Fiqh or Law, Taqlîd or Ittibâ simply refers to accepting and following the verdicts of expert scholars of Islamic Fiqh in their exposition and interpretation of Islamic Law, without demanding from them an in-depth explanation of the intricate processes required in arriving at such a verdict, called Ijtihad. It simply means that ordinary folk do not have to do Ijtihâd, i.e. the intricate and complicated procedures involved in deriving Islamic rulings that scholars exercise when issuing a Fatwâ (legal verdict). The duty of ordinary people is to trustingly accept the authority of the learned scholars in this matter and act upon their verdicts.

In this sense, Taqlîd is a great blessing for common people, for it is beyond their capacity to understand the extremely complex and complicated mechanics of Ijtihâd. The ability to do Ijtihâd requires many long years of study and erudition and a great deal of exertion (Ijtihâd means to exert one self) in acquiring a mastery of various Islamic sciences, among other varying requirements.

Misunderstandings regarding Taqlid:

Recently, misunderstandings have arisen regarding the issue of Taqlîd. It has become a theme of major debate in many parts of the world among Muslims. This debate has naturally resulted in arguments being promulgated by both the protagonists and the antagonists of Taqlîd.

The best way of removing such misunderstanding is to view the original sources of Islam – the Qurân and Hadîth and the teachings of the learned elders of Islam on this subject. After a study of this subject, the correct interpretation and understanding of Taqlîd and Ittibâ would emerge. This would lead to a better understanding and analysis of the arguments and counter-arguments of protagonists and antagonists. (Elsewhere in this issue, check the article on Taqlîd and Ittibâ in the light of Qur'an and Hadith)

Shar'ee role of Taqleed:

The essence of guidance is derived from the Holy Qurãn - "Hudan li al-Nas" ("A Guidance for Mankind). But this guidance and its laws are based on fundamental principles, the details of which have been entrusted to and consigned by the Holy Prophet (Sallallaahu Álayhi Wasallam) in order to explain them to mankind.

For example, the Holy Qurãn says: "Aqimus-Salaat" ("establish prayer"). It does not define the method as to how the prayer should be established; how the various postures should be performed; the mode of recitation of Surah, etc. The complete method of prayer i.e. "Salaat" is explained by the Holy Prophet (Sallallaahu Álayhi Wasallam).

"Wa 'Atuz-Zakat" ("And give charity"). Now the Zakaat amounts payable on gold, silver, cattle, land, produce, etc. are only known through the Ahadith and there is no mention of it in the Holy Qurãn.

"Wa Lillahi 'ala an-Nas Hij Al-baiti" ("It is obligatory on people to perform the Hajj of the House of Allah.) Here again, the method of Tawaf, the number of circumambulations, the details regarding Arafat, Mina, Muzdalifah, the stoning at the Jimar, etc. have all been explained by the Holy Prophet (Sallallaahu Álayhi Wasallam).

Thus it becomes imperative to understand the Holy Qurãn in the light of the Ahadith even for major obligatory acts like Salaat, Zakat and Hajj without which it is impossible to act and understand the commands of the Holy Qurãn. The believers are commanded to attain guidance from the Holy Qurãn in accordance with the details explained by the Holy Prophet (Sallallaahu Álayhi Wasallam). Therefore Allah specifies: "Whosoever obeys the Messenger has indeed obeyed Allah." This obedience to the Holy Prophet (Sallallaahu Álayhi Wasallam) would in reality be obedience to Allah Himself.

It is not said: "Perform your prayer in the manner you may infer from the Holy Qurãn."

Hadith is divided into different categories:-

The sayings of the Holy prophet (Sallallaahu Álayhi Wasallam),

The acts and doings of the Holy prophet (Sallallaahu Álayhi Wasallam),

The sayings, acts and doings of others, approved by the Holy Prophet (Sallallaahu Álayhi Wasallam).

All these categories of Ahadith give guidance to the Umma.

Qiyas:

When the Prophet (Sallallaahu Álayhi Wasallam) was asked a question he answered and also counter-questioned the questioner, on a similar (analogical) matter, the answer of which was known to him. On the correct reply being given by the questioner, the Prophet (Sallallaahu Álayhi Wasallam) would say: "The question you had asked is in the same category as this answer of yours."

EXAMPLE: A lady once asked: "Hajj was obligatory on my mother but she passed away. Can I perform it on her behalf?" The Prophet (Sallallaahu Álayhi Wasallam) replied: "Yes, it would be accepted on her behalf. Tell me, if your mother had a debt would you pay it." She replied in the affirmative. Rasulullah (Sallallaahu Álayhi Wasallam) said: "Fulfill what is on her behalf. Certainly, the duty and right of Allah would be more acceptable." This kind of reasoning is called Qiyas, Ijtihaad, or Istimbat in Shari'a.

These are only used in Shari'a when the Qurãnic or Traditional directives are not specifically spelt out. The Holy Prophet (Sallallaahu Álayhi Wasallam) sent Hadrat Mu'adh ibn Jabal (Radhiyallaahu Ánhu) as a Governor and Qaadhi to Yemen. The Holy Prophet (Sallallaahu Álayhi Wasallam) gave to Hadrat Mu'adh many instructions and advices even while he held the reins and led the horse with Hadrat Mu'adh mounted on it. The Holy Prophet (Sallallaahu Álayhi Wasallam) also asked: "By which law would you dispense justice." He replied: "By the Law of the Holy Qurãn."

"And if you do not find it (i.e. what you seek) in the Holy Qurãn."

He replied: "By the Prophetic Traditions."

"And if you do not find it in there also, then!"

He replied: "Then I would make Ijtihad." The Holy Prophet, (Sallallaahu Álayhi Wasallam) expressed his happiness with his reply and fully endorsed and supported his stand and thanked Allah for it. (Abu Daawud Vol 2. p. 149)

When after such an Ijtihad all the scholars agree to its conclusion, it is termed "Ijma", for it must be understood that Qiyas or Ijtihad does not prove an order or command; it only makes it evident and known. It was hidden in the Holy Qurãn or the Ahadith; the Mujtahid, by Dalalatan, 'Isharatan or Iqtdha'an, brought it in the open for the generality of people.

The person who does not have the power of Ijtihad is bound and compelled to follow a Mujtahid and this act of following a Mujtahid is termed Taqlid. The Holy Prophet (Sallallaahu Álayhi Wasallam) sent Hadrat Mu'adh ibn Jabal as Qadi so that people could act upon his instructions and guidance derived from the Holy Qurãn, the Ahadith and his Ijtihad. To accept all three would in reality be obedience to Rasulullah (Sallallaahu Álayhi Wasallam) as mentioned in Mishkãt Sharif (p. 310). Hadhrat Abu Hurayrah (Radhiyallaahu Ánhu) reported that the Holy Prophet (Sallallaahu Álayhi Wasallam) said, "Who has obeyed me, has obeyed Allah and who was disobedient to me has been disobedient to Allah and who obeyed the Amir was obedient to me and who was disobedient to the Amir has been disobedient to me."

Precepts, Propositions & their kinds:

Masa'il or precepts are of four kinds:-

{jb_bluedisc}1{/jb_bluedisc}Clear instructions from the Holy Qurãn and Ahadith. No Qiyas is allowed nor Taqlid permissible. The order is to practice on the clear injunction.

{jb_bluedisc}2{/jb_bluedisc}In such propositions where there are two injunctions, one earlier, and one later, and through historical evidence both renown, then the earlier proposition is abrogated (Mansukh), whilst the latter command is ordered. Here too Qiyas and Taqlid ~ not permitted.

{jb_bluedisc}3{/jb_bluedisc}Those propositions that have two clear injunctions but it is not known which is earlier and which later, i.e. no historical evidence.

{jb_bluedisc}4{/jb_bluedisc}Those propositions of which there exist no clear injunctions.

Propositions 1 (and 2) are clear. the last two (Propositions 3 and 4) need explanations. Since 3 and 4 are not clear, what must a person do? If he does not practice upon them, he is yet not allowed to go free. The Qurãnic verses state: "Is man under the notion that he will be left free?"'

"Do you think that you have been created in vain?" It is not so, you have to obey Allah's command every second. Now how are we going to obey when it is not known, which is abrogated and which is not. In the fourth kind of proposition when one has no knowledge what is he going to practice on? Allah says: "Do not practice on anything without knowledge:"

Thus the need of Qiyas and Ijtihad. In the third kind of proposition the need is to verify the clear injunction and in the fourth kind it is to find a clear order and command. This is a known fact that everybody does not have the ability or power to make Ijtihad and this verse also makes it clear.

Everybody makes claims of giving opinions but only that ruling is accepted which is in accordance with Shar'iah and of a Mujtahid. The verdict of a Muqallid will not be accepted. The Mujtahid makes Ijtihad while the Muqallid makes Taqlid. Even if the Mujtahid makes a mistake he is rewarded as mentioned in Bukhari, Vol. 1 p. I1092.

Here exists a doubt that there were many Mujtahids among the Sahaaba (Radhiyallaahu Ánhum), the Tabi'in and Tabi' Tibi'n; But only the 'I'ima 'Arba' i.e. Imaam Abu Hanifah, Imam Maalik, Imam Shaafi'i and Imam Ahmad (Rahmatullaahi Álayhim) are followed and Taqlid made of them. What Is wrong in following the Sahaaba (Radhiyallaahu Ánhum) whose virtues have been abundantly mentioned in the Holy Qurãn and the Ahadith?

There is no doubt that the Sahaaba (Radhiyallaahu Ánhum) have a far greater status and position than the I'ima Arba'a does not make Taqlid of any one of the I'ima Arba' ever thinking them to be greater than the Sahaaba but its simple reason is that for Taqlid it is necessary to know those injunctions in which Taqlid has to be made. The detailed knowledge which can be found in every section and chapter from Kitaab- at-Taharat to Kitab al-Fara'idh, whether it concerns acts of worship, or social and cultural aspects, in every department of knowledge, these were the first and only 'I'ima that gathered them all in every detail. They were schools of knowledge in their own right that codified knowledge in every field. We do not find such codification either of the Sahaaba or other Tabi'in. The only choice we have is to follow them. It must also be borne in mind that Allah had bestowed on them the perfection of knowledge of the Holy Qurãn and the Ahadith. It is said by Shah Waliullah (Rahmatullaahu Álayhi) in the commentary of Muwatta' Imaam Malik, p.6 that these four Imaams together have encompassed the entire knowledge of the Holy Qurãn and Ahaadith to such a degree that not a single Hadith which was reported by the Sahaaba was omitted by them.

Clarification is further required regarding another doubt in most minds: What is the necessity of making Taqlid of only one Imaam? One should be allowed to follow any of the four Imaams in the different Masa'il as was the method in the time of the Sahaaba and Tabi'in. Mazhab was not confined to a single Imam. Why must such concessions not be allowed in our times?

In the time of the Sahaaba, which was the best of times, there was no ulterior motives regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convenience as in later times. For example, A person with Wudhu touched his wife which according to the Shafi Mazhab nullifies Wudhu: Now when he is told to make Wudhu, he replies: "I make Taqlid of Imaam Abu Hanifah and it is not a breaker of Wudhu according to his Mazhab, therefore my Salaat will be valid."

Now this person vomits, which according to Hanafi Mazhab, breaks Wudhu. He is now told to make Wudhu. He replies: 'I make Taqlid of Imam Shafi'i; it is not a nullifier of Wudhu, therefore my Salaat is valid'. If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Salaat with such a Wudhu, it would neither be correct by Imaam Abu Hanifah nor by Imam Shafi'i. In terminology this is known as Talfiq which is agreed upon unanimously to be void and not permitted. This is not Taqlid but following one's passions and desires for one's personal convenience which lead one astray. The necessity of following a Mazhab, Imam or Mujtahid is that one would not fall into the temptations of following one's own desires. The Holy Qurãn states:

'And do not follow desires. You would be led astray from the path of Allah." Thus the need of following only one Imam.

For centuries we have heard of great scholars, jurists, 'Ulama' and Auliya who had the treasures of knowledge, who were in their personal capacities libraries with encyclopedic knowledge. Their piety constituted perfect examples in emulation of the Sahaaba. Their entire life was spent in accordance with the Sunnah of Rasulullah (Sallallaahu Álayhi Wasallam). They also followed the 'I'ima Arba'' and it would not be incorrect to say that it was because of this Taqlid that they attained the heights of perfection.

Islamic Jurisprudence (Fiqh) is confined to the four schools. Those that do not confirm to any one of them are called Ahle Hadith or Ghair Muqallid.

Hanafi Madhab: Usoolul-Fiqh

http://www.youtube.com/watch?v=SP4d-Vth-x0

Even Salafees do Taqleed!

http://www.youtube.com/watch?v=LS0P-AZcrgI

It isn't our intention to lecture our noble and sincere brothers and sisters and to "refute" the label which they have chosen for themselves as we are sure that they have evidence from the Qur'aan & Sunnah for their label and ample justification on why they chosen it. Our intention is only to show that Allah (SWT), His Rasul (Sallaho Alaihe Wassallam) & the companions (RA) also had an identity and a label which was "Islam" and "Muslim" respectively.